HomeMy WebLinkAboutR-1465 - Denying without prejudice a variance to the sewer moratorium for the Penny McIntosh property/-~
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./'fCo ~
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING,WITHOUT
PREJUDICE, A VARIANCE TO THE SEWER MORATORIUM FOR THE
PENNY McINTOSH PROPERTY.
WHEREAS,on August 13,1990 the city of Marysville enacted
Ordinance 1795 imposing a temporary ban on new connections to the
City's sewer system as the result of a capacity crisis at the
City's wastewater treatment facility;and
WHEREAS,section 8 of said Ordinance provides for variances
from the ban in certain hardship cases;and
WHEREAS,Penny McIntosh applied for a variance seeking to
allow a sewer hookup to Lot 2 of her short plat located south of
the residence at 8420 -47th Drive N.E.,Marysville,Washington;
and
WHEREAS,a pUblic hearing on said application was held by
the city Council on January 28,1991;and
WHEREAS,the City Council entered the following Findings of
Fact:
1.Ms.McIntosh has received conditional approval from
Snohomish County Planning for a two-lot short plat (File ZA
8902060 SP),creating two 7200-square-foot single-family lots.
The conditional approval will expire on May 23,1991 if certain
required conditions,inclUding sewer availability,have not been
satisfied.
2.The city issued a utility commitment letter on Sep-
tember 6,1989,which was valid for a period of six months.The
utility commitment letter originally approved could not be
extended due to restrictions imposed by Ordinance 1763 and
Ordinance 1795.The property was not recognized as being vested
under either Ordinance.
3.The applicant's request is not a unique hardship that
was not self-generated pursuant to section 8.1 of Ordinance 1795,
as similar situations exist with lots having preliminary or
conditional approval in the City and Snohomish County.
4.A new ordinance,or amendments to Ordinance 1795,if
passed,may allow nonvested property such as Ms.McIntosh's to
Resolution - 1
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connect to the city's sewer system in the future so long as the
City's wastewater treatment facility is functioning within the
criteria of the DOE Consent Order.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A variance to Ordinance 1795 is hereby denied WITHOUT
PREJUDICE to Penny McIntosh,whose property is located at 8420 -
47th Drive N.E.,Marysville,Washington.
Any party aggrieved by this Resolution shall have the right
to file an application for a Writ of certiorari in Snohomish
County Superior Court;PROVIDED,that the application must be
filed and served within 20 days of the date of this Resolution.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
11TH DAY OF FEBRUARY,1991.
Ap~oved as to for~
P~/r.0.h.e
Resolution -2
CITY OF MARYSVILLE
By &~Jli!r Mayor